Hospitality

  • November 25, 2020

    Kansas Can't Block DOI's OK Of Gambling On Tribe's Land

    A Kansas federal judge has rejected a bid by the state and the Iowa Tribe of Kansas and Nebraska to block a U.S. Department of the Interior decision to allow gambling on Wyandotte Nation of Oklahoma trust land, saying they hadn't shown the agency improperly relied on an earlier court ruling.

  • November 25, 2020

    Pryor Cashman Guides SBE In $300M AccorHotels Takeover

    Pryor Cashman LLP has represented SBE Entertainment Group in AccorHotels' $300 million cash purchase of the hospitality company's remaining 50% interest, completing the Paris-based hotel giant's takeover that began with its 2018 purchase of a 50% stake in SBE's luxury hotel brands.

  • November 25, 2020

    Norwegian Cruise Rips Investors' Virus Sales Fraud Claims

    Norwegian Cruise Line slammed investors' claims that it ran a "top-down" deceptive sales campaign downplaying the COVID-19 pandemic to prospective customers in order to stave off revenue losses, maintaining that it doesn't have to disclose allegedly aggressive sales practices.

  • November 25, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Ahead of the long weekend, when Americans are most known for gathering and traveling, Thanksgiving-minded governors laid down more restrictions as COVID-19 cases continued surging over the past week.

  • November 25, 2020

    Michigan Reaches Deal With Tribe Over Casino Land Fight

    The state of Michigan and a Native American tribe have agreed to toss a Michigan federal court suit over a proposed casino on land bought with trust funds, saying the deal ends a decadelong court battle that threatened to go on for at least several more years.

  • November 24, 2020

    Restaurant Group Can't Halt LA County Outdoor Dining Ban

    A California state judge on Tuesday rejected a restaurant industry group's emergency bid to stop an outdoor dining ban from taking effect in Los Angeles County, ruling that not enough evidence was presented to halt the impending shutdown.

  • November 24, 2020

    4th Circ. Says OT Exemption Wrongly Used In Tip-Pooling Suit

    Tipped workers at a North Carolina sushi restaurant won a partial revival Tuesday of a Fair Labor Standards Act suit, with the Fourth Circuit ruling that a lower court had erred in applying a commission-based exemption to the federal law's overtime requirements.

  • November 24, 2020

    Luckin Coffee, Banks Seek Nix Of Shareholder Securities Suit

    Chinese coffeehouse chain Luckin Coffee and its underwriters filed dual motions Monday asking a New York federal judge to dismiss shareholder class action claims that their negligence and misinformation caused the company's stock to plunge following news of hundreds of millions of dollars in fabricated sales.

  • November 24, 2020

    Top EU Court Says Hotel Can Sue Over Booking.com Policies

    The European Court of Justice on Tuesday gave a German hotel the go-ahead to sue Booking.com in the establishment's home country for allegedly violating German laws against abuse of market dominance rather than requiring the case to play out in Holland, where the reservation site is headquartered.

  • November 24, 2020

    Fla. Judge Confirms Cinemex Ch. 11 Plan

    A Florida bankruptcy judge on Tuesday signed off on the Chapter 11 reorganization plan for movie theater operator Cinemex Holdings USA Inc. that its attorneys say will allow it to jettison about $200 million in debt and return as a leaner and more competitive business.

  • November 24, 2020

    DoorDash Delivers $2.5M Settlement In DC AG's Tips Suit

    DoorDash and the Washington, D.C., Attorney General's Office told a D.C. judge Tuesday they agreed to a $2.5 million settlement of a lawsuit alleging the food delivery company misrepresented how tips paid by customers would be distributed to couriers.

  • November 24, 2020

    Minn. Gov. To Float COVID-19 Tax Relief In Special Session

    Minnesota's governor on Tuesday proposed tax credits for food donations as part of a package of novel coronavirus relief options, but said a proposal to forgive sales tax for businesses could present challenges.

  • November 24, 2020

    Mass. AG Says Gym Chain Ignored Cancellations Amid Virus

    The bankrupt parent company of Boston Sports Clubs has illegally charged fees for unwanted memberships and failed to honor cancellation requests during the coronavirus pandemic, Massachusetts Attorney General Maura Healey alleged in a suit Tuesday.

  • November 24, 2020

    DOI Wins Toss Of Navajo Casino Road Suit

    An Arizona federal judge has tossed a case claiming the Navajo Nation was not given enough time to challenge the Department of the Interior's decision to approve trust land for the Hopi Tribe that included the only public access to a Navajo casino.

  • November 24, 2020

    Real Estate Rumors: Lennar, Goldman Properties, Greenberg

    Lennar has reportedly paid $29 million for 43.7 acres in Florida, Goldman Properties is said to have dropped $5.2 million on two Miami properties, and investor Scott Greenberg is reportedly hoping to build a Chicago arena where as many as 80 people could gather to play virtual reality games.

  • November 23, 2020

    DC Circ. Mulls Gov't Power In Rancher Fight Over Tribal Water

    The D.C. Circuit is set to decide if a group of Oregon ranchers can challenge the U.S. Bureau of Indian Affairs' enforcement of tribal water rights in their area, and the case may come down to whether the panel is convinced that the government must co-sign tribal calls for enforcement.

  • November 23, 2020

    3 Takeaways From The Franchising Suit Challenging AB 5

    California’s A.B. 5 law may cause business owners who run franchises of companies to be tagged as employees of larger corporations, according to a lawsuit filed by the International Franchising Association, which is asking a federal court to exclude franchising from the Golden State’s worker classification test. Here, Law360 examines takeaways from the business group’s challenge to the new California law.

  • November 23, 2020

    9th Circ. Revives B&B Owner's Case Against Border Agent

    The Ninth Circuit has revived a Washington state bed and breakfast owner's lawsuit against a U.S. Customs and Border Patrol agent who allegedly shoved him to the ground and retaliated by initiating a tax investigation when the businessman complained.

  • November 23, 2020

    Ticket Seller Asks Ill. Judge To Toss Finger Scan Privacy Suit

    Online ticket seller Vivid Seats argued Friday that an Illinois federal judge should toss accusations that it collected a former employee's biometric information without informed consent because his claims are time-barred and blocked by the state's workers' compensation laws.

  • November 23, 2020

    Nationwide Prevails In Church's Fried Chicken Virus Suit

    An Arizona federal judge has freed a Nationwide Mutual Insurance Co. unit from having to provide COVID-19-related coverage to 15 Church's Fried Chicken restaurants in a proposed class action, finding that the policy's virus exclusion clearly bars coverage.

  • November 23, 2020

    Judge Backs Sanctions For AWOL EB-5 Fraud Suit Defendant

    A Florida federal judge recommended Monday that a son should follow in his father's footsteps by being sanctioned with the striking of his pleadings and a default judgment for violating court orders and abandoning his defense in a suit accusing him of aiding a $50 million EB-5 investment fraud.

  • November 20, 2020

    California's OSHA Board OKs Emergency COVID-19 Rules

    The six-member board overseeing California's Division of Occupational Safety and Health on Thursday unanimously approved a set of emergency COVID-19 safety regulations for most employers in the state.

  • November 20, 2020

    NLRB Official Says Coffee Shop's 'Leads' Can Vote For Union

    A National Labor Relations Board regional director said a bargaining unit at a Wisconsin coffee shop can include two workers who serve as "leads" in the kitchen and the coffee bar, rejecting the employer's claims that the two have supervisory duties that bar them from voting on union representation.

  • November 20, 2020

    High Court Told Hotel Group's Coverage Suit Belongs In Mont.

    Gateway Hospitality Group Inc. has urged the U.S. Supreme Court to reject Philadelphia Indemnity Insurance Co.'s challenge to a recent Montana Supreme Court ruling that the hotel group's dispute with the insurer over coverage for a proposed employment class action can be litigated in the Treasure State.

  • November 20, 2020

    How Seattle's Federal Court Has Pioneered Zoom Jury Trials

    It was something lawyers predicted at the start of the pandemic would never happen: a civil jury trial conducted over the internet. But Seattle’s federal court has proven it can work — not just once but three times. U.S. District Judge Marsha Pechman, who presided over two of these trials, told Law360 how the now well-oiled machine was built.

Expert Analysis

  • NY Contract Litigation Indicates Limits Of COVID-19 Defenses

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    Although there has not yet been a decision on the merits, a wave of COVID-19 litigation concerning force majeure, impossibility and frustration of purpose in New York indicates that using pandemic-related excuses to avoid contractual obligations may be limited, says Seth Kruglak at Norton Rose.

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • 5 Tips For In-House Counsel Anticipating Cyber Class Actions

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    In light of a 270% increase in data breaches this year, and the attendant class actions, in-house counsel can prepare to efficiently manage litigation by focusing on certain initial steps, ranging from multidistrict litigation strategy to insurance best practices, say David McDowell and Nancy Thomas at MoFo.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • What To Expect From DOJ Enforcement Under Biden

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    Companies shouldn't fear a rapid uptick in overall corporate enforcement actions by the U.S. Department of Justice under a new Democratic administration, but should anticipate a shift in focus away from immigration cases toward COVID-19-related fraud and civil rights reform, say Sandra Moser and Kenneth Polite at Morgan Lewis.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • Valuation Uncertainty Could Prompt Increased Litigation

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    The COVID-19 pandemic has increased volatility around forward-looking cash flows and discount rates, which may lead to more business valuation disputes, particularly in the M&A and bankruptcy litigation contexts, say analysts at Cornerstone Research.

  • Post-Breach Response To Business Email Scams Is Critical

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    Preventative measures do not sufficiently protect against email compromise scams, which have become increasingly prevalent during the pandemic, so businesses, governments and educational institutions should have post-breach investigation processes in place, says Jonathan Osborne at Gunster.

  • Opinion

    FTC Exceeded Its Authority In Zoom Cybersecurity Settlement

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    In light of the Federal Trade Commission's requirement, in excess of its statutory authority, that Zoom overhaul its data security as part of a recent deceptive practices settlement, companies shouldn't assent to unfounded relief even when challenging the agency could result in costly litigation, say attorneys at Orrick.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • Divergent Insurance Rulings Portend More Virus Litigation

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    A North Carolina state court and Mississippi federal court recently reached opposing conclusions in COVID-19 insurance coverage lawsuits despite analyzing similar business interruption policy language, likely encouraging further litigation over unsettled coverage questions, says Mark Binsky at Abrams Gorelick.

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